Consolidated Coppermines Corp.Download PDFNational Labor Relations Board - Board DecisionsApr 15, 194348 N.L.R.B. 1274 (N.L.R.B. 1943) Copy Citation a In the Matter Of CONSOLIDATED COPPERMINES CORPORATION and INTER- NATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL 642, C. 1. O. Case No. R-5012.=Decided April 15, 1943 Jurisdiction : metal mining industry. Investigation and Certification of Representatives : existence of question: refusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of the company's mining plants, excluding hospital personnel, deputized watchmen, the deputy sheriff, officer clerical employees, mine time- keepers, telephone operators, janitors, technical employees, and supervisory employees. Practice and Procedure : labor organization permitted to intervene, when despite its defective motion and Trial Examiner's denial thereof it was permitted to participate in the hearing and to be heard upon all material issues affecting its interest. Mr. George B. Thatcher, of Reno, Nev., for the Company. Mr. Glen A. Freeman and Mr. Claude A. Lovelett, of Ely, Nev., and Mr. Ralph H. Rasmussen, of Salt Lake City, Utah, ,for the C. I. O. Mr. John W. Bonner and Mr. John F. Beynon, of Ely, Nev., for the A. F. of L. Mr. William C. Baisinger, Jr., of counsel to the Board.' DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 'Upon petition duly filed by International Union of Mine, Mill and Smelter Workers, Local 642, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Consolidated Coppermines Corpora- tion, Kimberly, Nevada, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William B. Esterman, Trial Examiner. Said hear- ing was held at Ely, Nevada, on March 16, 1943. The Company and the, C. I. O. appeared, participated, and were affoi ded full_ oppor- 48 N. L. R. B., No. 158. 1274 CONSOLIDATED COPPERMINES CORPORATION 1275 tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Metal - Trades De- partment, A. F. of L., herein called the A. F. of L., orally moved the Trial Examiner for leave to intervene. The Trial Examiner denied said motion because it was not in writing. The A. F. of L. offered evidence as to its representation of employees in the appropriate unit which was rejected by the Trial Examiner. This evidence is before us, however, in the form of an offer of proof and certain exhibits. At the hearing, the A. F. of L. was permitted by the Trial Examiner to state its position with respect to the appropriate unit and it has filed a brief which the Board has considered. Thus, it appears that ,the A. F. of L. was actually permitted to participate in the hearing and to be heard upon all material issues affecting its interest, despite the Trial Examiner's denial of its motion to intervene. Although the A. F. of L.'s motion to intervene was defective under Article III, Section 5, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, we hereby reverse the Trial Examiner's ruling under the circumstances, and grant said motion. We also hereby accept the A. F. of L.'s offer of proof and admit into evidence the exhibits offered by it as proof- of its representation of employees affected by the proceeding. All other rulings made. by the Trial Examiner ,at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Consolidated Coppermines Corporation is a Delaware corporation which owns a large number of mining claims in White Pine County, Nevada, and operates a fully equipped mining plant at Kimberly, Nevada. The Kimberly operation of the Company is the only plant involved in this proceeding. At this plant the Company is engaged in mining ore which contains copper, gold, and silver. During the calen- dar year 1942, the Company mined over 3,000,000 tons of ore, all of which was shipped to the Kennecott Copper Corporation at McGill, Nevada, for concentration and smelting. Kennecott Copper Corpora- tion paid for this ore by delivering blister copper to the Company and by paying over $1,000,000 in cash for recovered gold and silver. The blister copper thus received by the Company was shipped by it to a refinery located at Carteret, New Jersey, where it was refined and returned to the Company. The Company sold this refined copper to purchasers outside the State of Nevada. During the same period, the Company purchased and used raw materials and supplies consisting of 1276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mine timber, lumber, steel, drill parts, electrical supplies, explosives, machinery, pipe fittings, valves, and rails, valued in excess of $500,000. These raw materials were shipped to the Company from points outside the State of Nevada. The Company admits that it is engaged in com- merce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Union of Mine, Mill and Smelter Workers, Local 642, is a labor organization affiliated with the Congress of Industrial Or- gan_zations , admitting to membership employees of the Company. Metal Trades Department is comprised of various labor organiza- tions affiliated with the American Federation of Labor, admitting to membership employees of the Company. - III. THE QUESTION CONCERNING REPRESENTATION On or about February 13,1943, the C. 1. 0. notified the Company that it represented a majority of the employees in an appropriate bargain- ing unit. The Company refused to recognize the C. I. O. as the exclu- sive bargaining representative unless and until it is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter-found appropriate.' The A. F. of L., as above stated, has submitted certain evidence indicating that it also represents employees in the appropriate unit .2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT , The C. I. O. and the' A. F., of L. contend that the appropriate unit should be comprised of all production and maintenance em- ployees employed at the Kimberly, Nevada, plant of the Company, I The report of the Field Examiner states that the C . I. O. submitted 591 application-for- membership cards bearing apparently genuine signatures ; that 481 of these cards bear dates between January and March 1943, and the remaining 110 are not dated ; and that because the Company refused to submit a pay roll , it was impossible to compare the names appear- ing on the application -for-membership cards with the names of the persons employed by the Company. From a list introduced in evidence at the hearing containing the pay-roll classifications and the number of employees in each classification working as of March 12, 13, 14, and 15, 1943, it appears that there are approximately 855 employees in the unit hereinafter found appropriate. The evidence submitted by the A. F. of L in support of its representation claim com- prises membership lists of the various A . F. of L . locals and indicates that the A . F. of L. represents about 22 employees in the unit hereinafter found appropriate. CONSOLIDATED COPPERMINES CORPORATION 1277 excluding clerical, technical, and supervisory employees. , The Com- pany contends that all of its non-supervisory personnel at the Kim- berly, Nevada, plant constitute an appropriate bargaining unit. The record contains a list of employee classifications carried on the Company's pay roll. The categories sought to be excluded by the unions are listed as office clerical, hospital 'personnel, deputized watchmen, engineering, geological and assay employees, mine time- keepers, medical technician, telephone operators, janitors; deputy sheriff, and supervisory employees. All parties agree • to exclude engineering, geological and assaying employees as technical person- nel. All parties would also exclude the deputy sheriff and all supervisory employees. The disputed categories 1. Hospital personnel: The Company maintains a hospital in con- nection with its Kimberly plant. The hospital staff is comprised of a surgical nurse, seven other nurses, a janitor, a cook, a clerk, a laundress, a kitchen maid, a laundry helper, a tray maid, and a tech- nician. The unions would exclude these employees while the Com- pany would include them in the unit. Since the hospital personnel are housed in a separate building and have no direct relation to production, we shall exclude them from the unit. 2. Deputized watchmen: The Company employs approximately nine watchmen, the majority of whom are deputized guards. The unions desire to exclude all deputized watchmen from the^unit; the Company would include all watchmen. Since it appears that the deputized watchmen are charged with the primary duty of guarding the Com- pany's property, we shall exclude them from the unit in accordance with our usual policy of excluding such personnel from units of produc- tion and maintenance employees. ' The Company also employs a deputy sheriff. He is an armed officer of the law whom all parties agree to exclude from the unit.- We shall exclude him. 3. 0 flee clerical: This group of employees includes timekeepers (other than mine timekeepers), main office clerks, insurance clerks, warehousemen, assistant warehousemen, paymaster, and the secretary to the general manager. The unions would exclude these employees from the unit. The record is not clear as to the Company's position with respect to this group. Since it appears that their duties are essentially clerical in nature and not directly related to production, we shall exclude the office clerical employees from the appropriate unit. 4. Mine timekeepers: These employees check the mine production -Workers' time, prepare time card4 and keep records required by the 1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mine office . The unions desire their exclusion while the Company would include them in the unit. Since their duties are also , clerical, in nature , we shall exclude the mine timekeepers from the unit. 5. Telephone operators : The Company employs four telephone operators . These employees operate the Company 's local switch- boards. Since their function is unrelated to production , we shall exclude the telephone operators from the unit. . '6. Janitors : There are two janitors listed on the Company's pay roll. One is the janitor in the Company 's main office ' and the other works in the staff house. The Company would include these janitors in , the appropriate unit while the unions desire to have them ,ex- eluded. Since one janitor works in the main office and the other works in the staff house of the Company and their work is not related to production , we shall exclude them from the unit. We find that all production and maintenance employees employed by the Company at its Kimberly , Nevada, plant , excluding hospital personnel , deputized watchmen , the deputy sheriff , office clerical em- ployees, mine timekeepers , telephone operators , janitors, technical employees , and supervisory employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election, herein, subject to the limitations and additions set forth in the Direc- tion., We shall afford the A. F. of L. a place on the ballot. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended; it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Consolidated Coppermines Corporation , Kimberly , Nevada, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction , under the direction and ,upervision of the Regional Director for the Twentieth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among CONSOLIDATED COPPERMINES CORPORATION 1279 the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid' off, and including employees in the armed forces of,the United States who present themselves in person at the polls, but excluding employees who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by International Union of Mine, Mill and Smelter Workers, Local 642, affiliated with the Congress of Industrial Organizations, or by Metal Trades Department, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. - Copy with citationCopy as parenthetical citation